IBA Human Rights Institute Workshop 28-30 October 2014, Naypyitaw

Laws Regulating the Legal Profession: A Comparative Review from Around the World

The Law on Myanmar BA:Applying quality of legislation

Professor Dr. Helen Xanthaki, IALS (UoL)

HIERARCHICAL PYRAMID OF LAW-MAKING VIRTUES

Efficacy

Effectiveness

Efficiency Clarity Precision

Unambiguity

Simplicity/plain language Gender neutral language

Why do it? Efficacy I To reinforce and apply the rule of law, democracy,

and human rights for citizens and lawyers by implementing

Natural justice Access to justice Fair trial Lawyer/client confidentiality Freedom of expression Freedom of association

To strengthen the system of justice in Myanmar To enable confidence in the justice system for

Citizens Foreign investors The international community

How do we do this then? By strengthening the role of lawyers as

Independent Professionals Acting as public servants of justice

And by awarding lawyers professional standing as respected actors in the justice process pre during and post trial

And by recognising and ring-fencing their rights as citizens.

Specifically By establishing Myanmar Bar Association

Independent from the state and prosecutors

Self governing Financially sustainable National With continuity between current and

future members

So what is the proposal?

A Law establishing clearly, precisely, and unambiguously: The relationship between lawyers and clients/citizens, the

executive, the judiciary, and the legislature The functions, duties, and responsibilities of lawyers Ethics for lawyers Membership qualifications [insurance?] Education and training as a means of continuing professional

development Representation/election of officers of the MB Functions and duties of the MBA [law reform? legal aid?] Disciplinary proceedings/suspension/permanent disqualification Funding [fees or state or both?]